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• <br /> responsibilities of the Association (including the maintenance <br /> of the common area) . or which would terminate or materially <br /> impair the powers and duties of the Association as net forth in <br /> this Declaration shall be effective without the prior written <br /> consent of the City of Redwood City as authorized by its City <br /> Manager. <br /> 8. 5 Encroachment Easements: Each condominium within <br /> the property is firreby declared-'to haave an casement over all <br /> adjoining condominiums and the common area for the purpose of <br /> L accommodating any encroachment due to minor engineering errors, <br /> minor errors in original construction, reconstruction, repair. <br /> settlement, shifting, or movement of the building, or any other <br /> cause. There shall he valid easements for the maintenance of <br /> I said encroachments as long as they shall exist, and the rights <br /> and obligations of owners shall not be altered in any way by <br /> Isaid encroachment, settlement or shifting; provided, however, <br /> 0 that in no event shall a valid easement for encroachment be <br /> w created in favor of an owner or owners if said encroachment <br /> c; occurred due to the intentional conduct of said owner or <br /> y owners. In the event a structure is partially or totally <br /> 'L destroyed, and then repaired or rebuilt, the owners of each <br /> condominium agree that minor encroachments over adjoining <br /> - condominiums or common area shall he permitted and that there <br /> nd shall he valid easements for the maintenance of said encroach- M <br /> W ments so long as they shall exist. In units (if any) where `° <br /> :a air-conditioning equipment is installed, an easement over the U <br /> 2 common area into which the air-conditioning equipment encroaches r- <br /> shall exist for the purpose of maintenance, replacement, and v) <br /> repair of said equipment. ;- <br /> fir• <br /> 3.6. Rights of Institutional Lenders: No breach of <br /> any of the covenants, conditions and resticr'ions herein <br /> contained, nor the enforcement of any lien provisions herein, <br /> shall render invalid the lien of any first mortgage (meaning a <br /> mortgage with first priority over any other mortgage) on any <br /> unit made in good faith and for value, but all of said covenants, <br /> conditions and restrictions shall be binding upon and effective <br /> against any owner whose title is derived through foreclosure or <br /> trustee's sale, or otherwise. Notwithstanding any provision in <br /> the condominium documents to the contrary, Institutional <br /> Lenders shall have the following rights: <br /> A. All institutional lenders that have filed <br /> with the Association a request for notice of default, shall be <br /> entitled to receive written notice from the Association of any <br /> default by the trustor of any deed of trust on a unit ( the <br /> beneficial interest in which is held by said institutional <br /> lender) in the performance of such trustor's obligations under <br /> • the condominium documents, which is not cured within thirty <br /> ( 30) days. <br /> 13. The Association shall discharge its obligation <br /> to notify institutional lenders by sending written notices <br /> required herein to the lender or lenders requesting notice, at <br /> the address given on the current request for notice, in the <br /> manner prescribed by Section 8. 13. <br /> C. The condominium documents contain no provisions <br /> creating a "right of first refusal ," but should any such rights <br /> be created in the future, any such rights shall not impair the <br /> 1 -27- <br /> i r* <br />